Married to Overstay Deportation?

[warmthoughts 0]

Hypothetically, if I brought my fiancee to the usa from peru on her tourist visa waited 90 days and then married her, but didn't file for Adjustment of Status would she be deported from the country? Since I know I can provide everything she needs to live such as food, clothes, and shelter. I just can't meet the requirements for the affidavit of support since I don't have enough tax returns with sufficient income. I was wondering since I saw so many other people that overstayed thier visa like 5 years on here and I think that after a few years I will have enough tax returns for her to file for Adjustment of Status. I just can't do it now. I want to bring her here and support her for a few years while I collect enough tax returns to file for Adjustment of Status. Can anyone tell me how likely we would be to be able to do this without her being deported?

[rebeccajo 14]

Does she already have this tourist visa?

Do you realize that the current income requirement for two people to successfully adjust status is under $17000?

[dougyceci 0]

Why don't you just get someone to co-sponser for you. Don't you have a family member who can help. If not, then my advice is do it the legal way just like the rest of us. It is exactly this kind of activity and thinking that makes it hard on the rest of us who do things by the book. I find it funny that someone would ask people to help them skirt the law when we sit here for months or longer waiting for the process to work.

[warmthoughts 0]

Why don't you just get someone to co-sponser for you. Don't you have a family member who can help. If not, then my advice is do it the legal way just like the rest of us. It is exactly this kind of activity and thinking that makes it hard on the rest of us who do things by the book. I find it funny that someone would ask people to help them skirt the law when we sit here for months or longer waiting for the process to work.

Yes, but if I do that I will have to wait about 3 and a half years before I can file since I didn't make enough on my tax return this year and I have not family members which will help sponsor her!! If I don't figure out some way I may never be able to marry her at all so do you understand why I asked this?

[warmthoughts 0]

Hypothetically, if I brought my fiancee to the usa from peru on her tourist visa waited 90 days and then married her, but didn't file for Adjustment of Status would she be deported from the country? Since I know I can provide everything she needs to live such as food, clothes, and shelter. I just can't meet the requirements for the affidavit of support since I don't have enough tax returns with sufficient income. I was wondering since I saw so many other people that overstayed thier visa like 5 years on here and I think that after a few years I will have enough tax returns for her to file for Adjustment of Status. I just can't do it now. I want to bring her here and support her for a few years while I collect enough tax returns to file for Adjustment of Status. Can anyone tell me how likely we would be to be able to do this without her being deported?

[DelcoCouple 1]

If it was adjudicated that she entered with immigrant intent then your financial status would be irrelevant. What you are suggesting is circumnavigating the immigration laws. In theory it is possible to do so. It is equally possible to be caught.

Hint act with criminal intent and commit a criminal act there is always a likelihood that you will be caught, why risk it?

As you are sure you will have enough in a few years to meet the sponsorship requirements then the obvious answer is wait and file for K1.

Edited January 23, 2007 by DelcoCouple

[jsnearline 2]

I don't think anyone on VJ in their right mind is going to advise you to bring your fiancee here on a tourist visa with the intent to overstay. That would be encouraging you to break the law and that's against the terms and conditions we signed up to when we joined VJ.

[kitkat1 5]

Hypothetically, if I brought my fiancee to the usa from peru on her tourist visa waited 90 days and then married her, but didn't file for Adjustment of Status would she be deported from the country? Since I know I can provide everything she needs to live such as food, clothes, and shelter. I just can't meet the requirements for the affidavit of support since I don't have enough tax returns with sufficient income. I was wondering since I saw so many other people that overstayed thier visa like 5 years on here and I think that after a few years I will have enough tax returns for her to file for Adjustment of Status. I just can't do it now. I want to bring her here and support her for a few years while I collect enough tax returns to file for Adjustment of Status. Can anyone tell me how likely we would be to be able to do this without her being deported?

Would you be comfortable putting her in the position of being illegal in the country and potentially deportable? Not to mention she wouldn't be able to work, drive, travel home, etc.

Why don't you try something a little more logical and legal like finding a cosponsor.

[ladykelia 0]

I may be wrong, but you seem to be implying that you make enough money to support her, but it just isn't indictated in the tax returns? Like did you get a new job or something? Now I really don't know much about the affadavit of support yet, but I think there are other ways to prove that you have a sufficient income (such as a letter from your employer).

In any case, it would be wrong let her overstay her visa and try to cheat the system. No one here is going to advise you to do something illegal. There are so many more solutions that you can look into (even besides finding someone to be a cosponser-- though that would be the easiest) that would buy you some time to meet the the minimum required for the affadavit of support, while still allowing you to be together.

For example, there are many many types of visas that she *might* qualify for. Look into them. At some point she willl probably have to leave the country while you apply for the K1 or whatever you want to do, which means you might be apart for a long time... but no longer than many of the people here.

[rebeccajo 14]

Does she already have this tourist visa?

Do you realize that the current income requirement for two people to successfully adjust status is under $17000?

I don't see the OP answering these 2 questions, which makes me think OP is just here to have a bit of fun with us.

[Boiler 45,572]

Does she already have this tourist visa?

Do you realize that the current income requirement for two people to successfully adjust status is under $17000?

I don't see the OP answering these 2 questions, which makes me think OP is just here to have a bit of fun with us.

Very troll-ish.

I believe that all earnings are taxable, and the IRS does not differentiate between 'legal' earnings and those made for example dealing drugs. All are taxable.

[rebeccajo 14]

Does she already have this tourist visa?

Do you realize that the current income requirement for two people to successfully adjust status is under $17000?

I don't see the OP answering these 2 questions, which makes me think OP is just here to have a bit of fun with us.

Very troll-ish.

I believe that all earnings are taxable, and the IRS does not differentiate between 'legal' earnings and those made for example dealing drugs. All are taxable.

*picks butt up off of floor after falling out of chair laughing*

[Catica 1]

Warmthoughts, the stipulatons the USA gov seems to put on love is hard and tough. Personally I find it ridiculous that they put a price on it and say if you dont make this much a year too bad. So its okay to be in love as long as you can afford it. And I under stand the government saying they dont want this peron over here to be a burden on them, but for the past 4 years excluding this last year I didnt make enough to be 125% above the poverty line, but I had no problems supporting myself and my son without the help of any government programs. So its foolish rule if you ask me. However as most have said here always doing things the right way is the best even if its the hard way or doesnt make sense. Even my fiancee and I thought about getting married on the VWP to avoid the wait and seperation of the K1 process, but if you talk to a lawyer or even browse through forums this one and other ones like it, you will see its really the best way to go. I understand its scary especially to think you may not be with your loved one for years but dont let that thought blind you to other possibilties. Like finding a co-sponsor and it doesnt always have to be a family member, friends will work too. I believe you can also list assets to prove income, so if you own a house and car stocks cds etc you may want to look into this route to prove your income. Tax returns are not the only accept proof of income. In fact if you look on the I 134 form it says:

II. Supporting Evidence.

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery, revealing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

C. If self-employed:

1. Copy of last income tax return filed; or

2. Report of commercial rating concern.

D. List containing serial numbers and denominations of bonds and name of record owner(s).

Now I know many people have said at the Interview they were asked for copies of the past tax returns, but according to the 1-134 you only need copies of your past tax return to prove income if you were self employeed. Might be a good idea to call the future embassy you would have to use if you did file the K-1 and see what they will except and what you have to have.

Now to answer your question, if you bring her here in any way illegally even if you do marry her she will always face the risk of being deported. Even after you file for AOS and up until your interview for that she can still be denied and deported. Also if she is deported she can face a ban from the USA and a hefty fine. There is no way to make this less of a risk. And no one can tell you how likely it is to happen because I think 99.9% of everyone on here did it the k-1,k-3, etc way.

[TeriC 0]

Hypothetically, if I brought my fiancee to the usa from peru on her tourist visa waited 90 days and then married her, but didn't file for Adjustment of Status would she be deported from the country? Since I know I can provide everything she needs to live such as food, clothes, and shelter. I just can't meet the requirements for the affidavit of support since I don't have enough tax returns with sufficient income. I was wondering since I saw so many other people that overstayed thier visa like 5 years on here and I think that after a few years I will have enough tax returns for her to file for Adjustment of Status. I just can't do it now. I want to bring her here and support her for a few years while I collect enough tax returns to file for Adjustment of Status. Can anyone tell me how likely we would be to be able to do this without her being deported?

Are you aware that anyone who makes enough money and is either a green card holder or a US citizen can be a co sponsor? It does not have to be a family member. It can be a friend, employer, etc. Also, regardless what the Affidavit of support says, Immigration now only required the past year income to qualify..

Also, if she is stopped for any reason during the time before you get a petition on file, she can be deported. The only way to protect her from being barred from the United States is to file for her green card based on marriage to a US citizen.

[TimsDaisy 0]

Why do you have to intend to have her overstay? If you marry her and then petition to adjust her status immediately - which I think is a valid way to do it, much better than having her stay out of status and blatantly illegally - would that work better? I don't know anything aside from the K1 process at this point. But I get reallllly frustrated with people who have nothing but excuses when valid alternatives are offered.

You can find a co-sponsor, I'm sure, if you put hear & soul into the effort.

And I also agree with those who are a bit miffed at the thought of helping someone skirt a process we're all suffering through as well. While I have 1000x more empathy for people who end up overstaying to avoid separation from their families, it's still not something I could advise anyone to do.

We all know the waiting sucks. But it won't get any shorter if you delay getting started down the (legal) road.